Terms and conditions

Vodafone Navigation - terms and conditions

Vodafone Navigation comprises services provided to you by, respectively, Vodafone Limited and Telmap Limited ("Telmap"). Vodafone Limited is providing services which enable you to access the Telmap service via the Vodafone network.

By accessing the Vodafone Navigation software ("Software") you agree that in addition to being bound by the terms and conditions contained in your customer contract with Vodafone you will be bound by the terms set out below and by the terms and conditions set out in the User Rights Agreement found at www.telmap.com/legal (the "Terms").

You can request a paper copy of these Terms by calling Vodafone customer service on 191 from your mobile.

Use of Vodafone Navigation

Access to Vodafone Navigation depends on handset capability and network availability. You will need to be connected to a price plan that supports GPRS or 3G before you can use Vodafone Navigation. You must be a Vodafone customer registered in the UK.

Data charges apply when using Vodafone Navigation

Vodafone Navigation downloads your route by sending small amounts of data over the network. You’ll pay data charges to download these maps & information in addition to the monthly subscription fee.

The data used by Vodafone Navigation will vary with the complexity of the maps and route downloaded and the following examples are guidelines only;

Some handsets offer a data counter where you can monitor data usage. For more information see your handset user guide.

Vodafone Navigation also automatically updates traffic information along your route every 10 minutes. Switching off traffic updates in the Settings screen will reduce the data consumption.

Data will be charged at the same rates as Mobile Internet access i.e. you'll pay our standard out of bundle rates for this data unless you have an inclusive data allowance as part of your price plan from which the data can be deducted. For further information about data charging see www.vodafone.co.uk/mobileinternet

In order for the Vodafone Navigation service to work, you must use the WAP setting. When you open the application for the first time, you will be asked to choose the relevant setting.

Your monthly subscription

There is no minimum subscription period for the Vodafone Navigation service.

Subject to any offer that you may take up when you first subscribe you will be charged for the Vodafone Navigation service from the first date we enable you to receive it ("Subscription Payments"). The cost is £4.89/month with 1st month free. You must pay us the Subscription Payments every month in advance. We will collect the amount due automatically from your account each month until you tell us you wish to cancel your subscription.

We may increase your Subscription Payment at any time by giving you at least one calendar month’s notice. We may also increase your Subscription Payment without notice if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Subscription Payment directly or our pricing structure directly.

We will collect your Subscription Payment by adding it to your account if you are a Pay Monthly customer or deducting it from your balance if you are a Pay as you Talk customer.

If you have missed any payments you owe to us, we can suspend provision of Vodafone Navigation to you without giving you notice. If you are a Pay as you Talk customer we’ll start trying to take payment for your subscription the day before the fee is due, to ensure payment goes through in time. We’ll also try on the day the subscription is due and the day after.

If you don’t have enough credit to pay your Subscription Payment your subscription will lapse and you will no longer be able to access Vodafone Navigation.

How to cancel

You can cancel your subscription at anytime by calling 191, through the My Account pages on your handset or by visiting a Vodafone store. Once you notify us that you wish to cancel, you will no longer be charged and your subscription will lapse on the next renewal date.

If you’re a prepay customer you can choose to cancel your subscription at the end of your current subscription period or immediately (provided it is more than 2 days before your subscription anniversary date).

Because subscription payments are taken in advance, charges for the following billing period may show on your bill after you have notified us that you wish to cancel your subscription. These charges will be corrected on your next bill.

We may cancel your subscription to Vodafone Navigation at any time by giving you one calendar month’s notice. We may change these Terms from time to time, provided such changes are reasonable and where possible, we will provide advance notice of major changes to Vodafone Navigation and any changes to the Terms and Conditions on vodafone.co.uk

We may suspend the operation of Vodafone Navigation:

for repair or maintenance work; or

in order to update or upgrade the contents or functionality of Vodafone Navigation from time to time;

in the event that we believe that you are or may be in breach of these Terms

Use

Roaming charges apply for data usage when accessing Vodafone Navigation from abroad and this will be charged in accordance with your price plan. Additional information can be found in the Going Abroad section of the Vodafone web site.

Your use of Vodafone Navigation

Vodafone and its licensors own any and all proprietary rights in the Software and you shall not acquire any right in the Software with the exception of the right to use the Software for the purpose of using the personal navigation application contained therein. This right is granted for your personal use only and no commercial use of the Software is permitted. Due to the complexity of computer software programmes and global positioning systems, as well as the reliance by the Software on geographical databases provided by third parties, Vodafone and its licensors do not warrant that the operation of the Software will be uninterrupted or error-free, or that the information displayed by the Software does not contain errors, including displaying a user’s actual position or the road and its condition. The Software should not be used or relied on as your sole means of navigation and neither Vodafone nor its licensors shall have any liability for the accuracy, totality, precision or suitability of the information provided by the Software. Certain features of the Software may require the collection, processing and sharing of personal information, which Vodafone shall manage in accordance with those terms and conditions relating to user privacy and data protection contained in your customer contract.

You acknowledge that you have the complete and exclusive obligation to navigate and/or drive the vehicle carefully and securely. The Software must not be used at such time or in such a manner that is contrary to the laws governing the operation of a motor vehicle, or that may adversely affect your safety or that of other road users, especially during driving or stopping at the side of the road at an unsuitable location or in an insecure or dangerous manner.

If, in Vodafone’s reasonable opinion you are abuse Vodafone Navigation in any way, we may ask you to moderate your behaviour or extreme cases may block your access to all data services.

By using this service you agree that Telmap may use and share information about you in accordance with its Privacy Policy.

How to contact us

You can contact Vodafone customer services by calling 191 from your mobile or by telephoning 0333 3040 191 if you’re a pay monthly customer, or 0333 3048 069 if you’re a Pay as you talk customer (you’ll be charged at your telephone provider’s published rate). Calls by Pay as you talk customers to automated help lines including 191 are free when you call on your mobile within the UK. Alternatively you can write to us at Vodafone Ltd,

PO Box 549, Banbury, Oxon. OX17 3ZJ

The Supplier of this service is Vodafone Limited , Vodafone House, The Connection, Newbury, Berkshire RG14 2FN, Registered number 1471587, UK VAT Number 569953277. Vodafone is regulated by Ofcom – for further details please see http://www.ofcom.org.uk/

General

We may delay enforcing our rights under these Terms without losing them.

You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice.

You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.

We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.

The Contracts (Rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms.

These Terms form the entire understanding between you and us concerning your use of Vodafone Navigation.

If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Vodafone reserves the right at all times to disclose any information as Vodafone deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

These Terms shall be governed and interpreted in accordance with English law and you and we both consent to the non-exclusive jurisdiction of the English courts.

The general terms and conditions of the Vodafone airtime service (or those of your service provider) and the terms and conditions of the Vodafone prepay service (as applicable) shall also apply when using Vodafone Navigation if you have a mobile phone on the Vodafone network.